Do you own it just because you paid for it??

[cloud]

My wife and I went and looked at a nice Grady White 282 in early October 2008. We loved the boat and after a sea trial made a deal with the owner of the dealership and wrote him a check that day. We made arrangements for him to deliver the 282 and pick up our 208 for some major service ($3,000 plus) in a couple of weeks. When they delivered the 282 they gave me the paper work where they were taking care of the new titles for the 2 motors and the hull and took my 208 back with them. Several weeks later they brought my 208 back (with the service bill) and said all was going well with the 282 paper work (remember this is late November 2008 now). We were happy with both boats and all was good.
As we approached January 2009 and had not received the new titles (in South Carolina one has 60 days to take care of all the transfer work and have the proper registration on board) I call the Grady White dealership to inquire about my titles. I was told that there was a problem getting the original titles and in would be another week or so and in the mean time they would send me a “new bill of sale” dated today so I would be legal for another 60 days. I have the 282 on an inland lake in SC let me tell you, a 28 foot Grady stands out as just a little different. After being stopped several times by the local law enforcement folks for checks I ended up have the same officer board my boat and start asking, “didn’t I talk with you about now nice your boat was last month and it was new then too?” Yes, they were staring to figure out that something was not right about this big boat on the lake… it always had paper work that said it had just been purchased.
March 2009 came around and the Grady dealer sent me another bill of sale overnight since the old one was expired. I was stopped again and this time I was given a $500.00 ticket “to explain what was going on with this boat and who really owned it”. I have a friend who has a friend and we all pulled together and got the ticket reduced to a warning.
I am on another set of paper work and have not allowed my children or anyone else to use the boat for fear of getting stopped and not know how to deal with it. I am not using the boat for fear of being stopped again. My family is up in arms about this (my sons don’t understand and my wife just looks at me and calls out dollar amounts). I know I paid for the boat, but I still do not own it and this is not my idea of a good way to save gas.
Well more to come, I just wanted to share some of what it is like to pay for a boat but not own the boat. Even if one buys it from a Grady White dealership.

 

[Bama96]

Was it new? Or was it a used trade in that you bought from the dealer? Something is fishy here. Seems that if the title were lost the dealership could apply for a new title. I might call Grady White customer service and let them know about it.

 

[Islander]

If it is used, check with the state department of natural resources in which the boat is registered to see who is registered as the owner and if there are any outstanding liens or security interests. If new, check with G-W as suggested.

 

[Strikezone]

Something's definitely wrong here. If this boat has a clear title it's an uneventlful process to have it registered to you in SC. I purchased mine used from an individual in Florida and didn't have any problems at all.

It sounds as though you purchased a used boat through the Grady White dealership. I can't imagine there would be title issues with a new boat.

If I were you I wouldn't use this boat until everything is properly registered. The fact that the dealer would keep issuing bogus bills of sale is bothersome to me. You should probably get some legal advise as to options.

I wish you good luck in rectifying this problem and hope they have you back on the water soon.

 

[Fishermanbb]

There could be a lot of reasons for this problem - none of them good. Even if it is new...many banks are now requiring floorplan loans on a boat by boat basis. They could have sold you the boat but failed to pay the floorplan on that boat and used the $$ to pay for the floorplan of another boat - Sort of like a ponzi scheme. Anything is possible in today's economy.

If it was used it might have had a salvage title and there are problems with the insurance company. It could be the prior owner failed to satisfy liens on the boat and they are fighting with the dealership over who has to pay. If that is the case the DEALER MUST pay off the liens to make you whole and then duke it out with the prior owner - UNLESS it was a brokerage sale. Then YOU will need to go after the prior owner yourself.

I would not take any chances here. Have your attorney send a demand letter to your dealer and copy GW corp. Honest people cannot imagine what ridiculous things can happen in deals like this because they are honest. It may just be clerical but STOP WAITING. You could find a repo company at your boat taking it away LEGALLY. Deal with this now and play hardball - You've waited long enough.

 

[cloud]

It is a used boat... traded in on a new bigger Grady. I checked with SC DNR several weeks ago and there is a clear title on all, but in the original owner's name, not mne. I gave the dealer a check for the full purchase price, which he cashed that day.
I do agree that people need to be very careful these days and I am hopping I really have a boat.

 

[Fishermanbb]

Somethings fishy (No pun intended)....I'd contact GW Customer service and explain the entire story...Then call the GM of the dealer and let him know you are giving him 1 week to legally transfer the boat to your name or you are going to proceed legally to recover your entire investment in the boat. I realize you probably want to preserve your relationship with the dealer but this is a ridiculous situation....You've been patient, you've given them every opportunity...Play hardball...That will get the job done and you can use your boat...After all, you paid for it....

 

[richie rich]

I would contact your local consumer protection agency as well. Make a very detailed list of the whole situation and keep every piece of paper on these events....I'm a bit surprised GW lets this dealer get away with this...thats not normal for them....keep the pressure on big time....almost sounds like he sold the boat twice..

 

[gradyguy2956]

I would have been all over them long before now. There is definitly something wrong. Perhaps a call to the states attorney may be in order. Maybe they sold you a used boat, but have not told the previous owner it is sold. Pure speculation on my part.

 

[Hookup1]

Title

Is it possible to register the boat in SC with just the bill of sale?

When you checked the registration with the State was there a leinholder on the title? If so call them.

I would talk to a lawyer about it. There guys are up to something and you need to sort it out fast.

 

[cloud]

I know I should have done something by now. They kept saying give us another week or two and it will be there. I called the owner of The Boat House (who was suppose to find out what was going on and the status of the new titles) only to find out he was on vacation.. He had told me last week that he would get to the bottom of things and call me with an update, but he needed to check with the guy who handled that stuff. I talk to the general manager, who said he had heard about my problem, but thought it was taken care of. I suggested they just come get the boat and refund me my money and we could all start over (I have put less than 20 hours on it since it was delivered last November). He said that was out of the question and he would fax me a note to show if I was stopped again saying they were trying. I have two Grady Whites, but this is the first one I have tried to buy from a Grady White dealer.

 

[Capt Bill]

cloud,

I'm really sorry to hear about this very unprofessional behavior, this stealership is handing you. Now you got a note, saying "we're trying"! Sorry, but that is not worth the paper it is written on. 7 months, and you still don't have a title? And getting your money back "is not an option"? If I were you, I would be talking with G/W factory execs tomorrow, and then do what I think you will need to do anyway, and that is to get an attorney.

Please tell us who that dealer is. First of all, as a service to this community forum, we should know, so anyone here would avoid doing any business with them. But also, it is possible that if enough forum members send emails and phone calls to this dealer, it will bring pressure on them to do the right thing, and get this done. I, for one, am willing to do that. I think that would help to quickly move this problem to the top of their list.

He NEEDS to be held accountable to you, and not blow this off and go on vacation.

 

[Pez Vela]

Have you had any luck contacting the registered owner? I bet he could clear this up ... or shed some light on the problem.

 

[Capt Bill]

Have you had any luck contacting the registered owner? I bet he could clear this up ... or shed some light on the problem.

...unless the registered owner never got his money. If that were the case, he'd be happy to get a repo-man to re-claim his boat, now that he's found who has posession.

 

[cloud]

First… Thanks for all of the support. I know, I have learned lots from this experience. We love our 208 and are hooked on Grady Whites. It is a lucky guy who can find a boat his wife loves!

To reply to Pez Vela: I do not have any info on the owner. I only know his name, but the dealership has not given me any more info and DNR says they can not share any info, except that they are showing a clear title, but it is not me.

To reply to Capt Bill: I bought the boat from the “Hilton Head Boat House”. Maybe a little late to ask, but does anyone have any experiences with them? The “note”. That is like the “carfax” commercial that is running on TV now. There is a guy trying to buy a used car. The potential buyer of the used car asks for a carfax. The used car dealer says, “I have something even better… I have a note from the previous owner saying “it is a real good car… promise.”

Thanks again!!

 

[Daman858]

Cloud, I had the very same problem in 2006 with a GW dealer in NJ. I found out that the boat was on consignment and had never been signed over to the dealer. Therefore the title would have to be signed over to the dealer by the original owner then over to me. The problem was that they could not locate the original owner...he had moved or was out of the country or something. The dealer had never paid the original owner for the boat and planned on using the proceeds of my sale to pay him off. I raised a stink, called GW who are VERY interested in any problems with their dealers, and some how or another the original owner was located and the title was signed over to the dealer, then to me. I took the New Jersey title to SC and had no problem registering it. I still have not received a title to the trailer but, as you know, boat trailers in SC do not need to be titled or registered so no big deal.

SC is a bit different than many states...they require a title for the boat and a separate one for each outboard. They issue a little sticker for your motor with the title number on it.

 

[cloud]

Question:

If the Boat House took the 282 in on trade would/should the title reflect the dealer in the process or would the boat and motors be transferred directly to me from the first owner? Will the paper work show the dealer in the loop? I am getting more worried about all of this.

 

[Fishermanbb]

Most likely the paperwork would never show the dealer.....In fact, I'm inferring that you know that to be true as the DMV told you the name of the registered owner and it was not the dealer. IF it was taken on trade (You don't know that for a fact) the prior owner should have signed the title and the dealer should have sent it in to be re-titled to you when they sold you the boat.

OTOH IF it was a consignment boat the dealer MAY have pocketed the $$ without telling a potentially absentee owner that the boat had been sold and is now trying to come up with the $$ to pay him off so they can get the title.

However, it is too soon to jump to conclusions. I suggest you go to the dealer TOMORROW and ask to see ALL of the paperwork associated with this boat. The trade paperwork, the title they should have received if it was a trade, etc. Compare the HID's to your paperwork to be sure you are talking about the same boat.

Then, ask to see copies of ALL paperwork related to getting it titled in your name. DON'T tell them you are coming. Just show up. If they do not comply with ALL of your requests immediately then inform them that you are contacting an attorney as well as GW - And do BOTH immediately. Inform the dealer that you intend to recover the costs of all litigation and expenses associated with getting the boat YOU PAID FOR titled into your name.

DO NOT contact the prior owner yourself until you know with certainty what the deal is. If it was a consignment boat and the dealer is playing games the prior owner still owns the boat and can legally recover it from you. You are then left to sue the dealer - And if they are bankrupt you are SOL.

Remember, it may be as simple as a lost title and a few office clerks dropping the ball so don't assume the worst until you know it to be true. BUT - GO TOMORROW and keep us in the loop...Good luck!

 

[NOTHING ELSE MATTERS]

Most likely the paperwork would never show the dealer.....In fact, I'm inferring that you know that to be true as the DMV told you the name of the registered owner and it was not the dealer. IF it was taken on trade (You don't know that for a fact) the prior owner should have signed the title and the dealer should have sent it in to be re-titled to you when they sold you the boat.

OTOH IF it was a consignment boat the dealer MAY have pocketed the $$ without telling a potentially absentee owner that the boat had been sold and is now trying to come up with the $$ to pay him off so they can get the title.

However, it is too soon to jump to conclusions. I suggest you go to the dealer TOMORROW and ask to see ALL of the paperwork associated with this boat. The trade paperwork, the title they should have received if it was a trade, etc. Compare the HID's to your paperwork to be sure you are talking about the same boat.

Then, ask to see copies of ALL paperwork related to getting it titled in your name. DON'T tell them you are coming. Just show up. If they do not comply with ALL of your requests immediately then inform them that you are contacting an attorney as well as GW - And do BOTH immediately. Inform the dealer that you intend to recover the costs of all litigation and expenses associated with getting the boat YOU PAID FOR titled into your name.

DO NOT contact the prior owner yourself until you know with certainty what the deal is. If it was a consignment boat and the dealer is playing games the prior owner still owns the boat and can legally recover it from you. You are then left to sue the dealer - And if they are bankrupt you are SOL.

Remember, it may be as simple as a lost title and a few office clerks dropping the ball so don't assume the worst until you know it to be true. BUT - GO TOMORROW and keep us in the loop...Good luck!

Do what he said, believe me, he (Fishermanbb) knows what he's talking about.

 

[1stgrady]

Sounds like you have been fair, see my story.

Perhaps, if we all sent emails to this dealer and copied GW and the local newspaper we would draw enough attention to get to the bottom of this.

I once purchased a boat once that turned out to be a lemon and literally coming apart after 3 months (was not a GW). Gave the dealer and mfg 3 more months to correct it. After a year I finally got a lawyer and got a new boat with a few extra upgrades and 6 months of boat payments reimbursed for loss of use.

Of course it was not due to the lawyer it was due to the two 6 ft wide lemons I painted and cut out of a sheets of plywood and attached to the side of the boat, that said ask me about _____ boats and _______ marine. I carried the boat and lemons to a few boat shows where the selling dealer pushed his boats. Got some newspaper attention and the rest is history.

In all honesty though, I could not rest until I sold my replacment boat and cut all ties with that dealer and boat company. That experience did something to me

Worked like a charm. I cannot say which dealer cause of a gag order which my lawyer did negotiate. So sometimes free advertisement works best.